Land Use Law Commons^™

Preservation Of America's Open Space: Proposal For A National Land-Use Commission, Paul N. Mccloskey Jr.

Michigan Law Review

Environmental hazards may be divided into four types: those affecting air, those affecting water, those affecting quietude, and those affecting landscape. This Article will focus on the last of these hazards and will analyze a single aspect of it: the continuing loss of open-space lands. I suggest that this loss can be controlled only if we are willing, in the next decade, to review and to overhaul our entire basic system of land use and tax laws, accepting no present law as sacred other than the constitutional guarantee of just compensation for the taking of private property.

Marine: America The Raped: The Engineering Mentality And The Devastation Of A Continent, Owen Olpin

Michigan Law Review

A Review of America the Raped: The Engineering Mentality and the Devastation of a Continent by Gene Marine

The Conservationists And The Public Lands: Administrative And Judicial Remedies Relating To The Use And Disposition Of The Public Lands Administered By The Department Of The Interior, Michigan Law Review

Michigan Law Review

The scope of the Department's functions is vast, and the statutory and regulatory materials dealing with those functions are overwhelming in their complexity and breadth. For that reason, this Comment will not seek to make an exhaustive examination of the agency's functions and procedures; rather, it will attempt to provide a selective illustration of the agency's procedures and functions and to concentrate on adjudicatory and review procedures, including judicial review. Because recent years have seen a marked increase in attention to resources and to conservation issues by persons and groups not otherwise directly concerned with the disposition of public lands, …

Sovereign Immunity And Nonstatutory Review Of Federal Administrative Action: Some Conclusions From The Public-Lands Cases, Antonin Scalia

Michigan Law Review

The purpose of the present Article is not to propose yet another route toward logical reconciliation of the sovereign-immunity cases; but, on the contrary, to urge general acceptance of the fact that such reconciliation is, and will probably remain, unattainable; to explain why this is so; and to suggest why it is not so bad. This modest goal will be attempted through a detailed examination of two recent Supreme Court cases and their most pertinent antecedents.

The Public Trust Doctrine In Natural Resource Law: Effective Judicial Intervention, Joseph L. Sax

Michigan Law Review

Public concern about environmental quality is beginning to be felt in the courtroom. Private citizens, no longer willing to accede to the efforts of administrative agencies to protect the public interest, have begun to take the initiative themselves. One dramatic result is a proliferation of lawsuits in which citizens, demanding judicial recognition of their rights as members of the public, sue the very governmental agencies which are supposed to be protecting the public interest. While this Article was being written, several dozen such suits were initiated-to enforce air and water pollution laws in states where public agencies have been created …

Overcoming Barriers To Scattered-Site Low-Cost Housing, Darrel J. Grinstead

University of Michigan Journal of Law Reform

The effect of most zoning devices which have been used in suburban and non-ghetto city planning in the past few decades has been to erect substantial economic barriers around entire cities. These devices include minimum lot size requirements, density zoning, frontage requirements, single family restrictions, and minimum living space requirements. While such zoning practices may not be exclusionary in purpose, exclusion of minority groups has been the result. Moreover, since most minorities are heavily concentrated in low income groups, economic segregation will bring about a high degree of racial and ethnic segregation. Indeed, it has been suggested that these economic …

Commonwealth Of Puerto Rico V. Rosso: Land Banking And The Expanded Concept Of Public Use, David L. Callies

University of Michigan Journal of Law Reform

As the supply of vacant land on which to expand dwindles, the economic, social and cultural blight attendant upon the rapid but relatively unplanned growth of metropolitan areas increasingly becomes a subject of grave concern throughout the world. The two most common traditional approaches to land use problems are now proving inadequate, given the nature of urban sprawl. The first is zoning, basically an exercise of the police power whereby a governmental body restricts the use of land by appropriate regulation without compensating the owner. The restriction must be for the purpose of promoting the health, morals, safety or welfare …

Lefcoe: Land Development Law: Cases And Materials, Roger A. Cunningham

Michigan Law Review

A Review of Land Development Law: Cases and Materials by George Lefcoe

Public Control Of Land Subdivision In Michigan: Description And Critique, Roger A. Cunningham

Michigan Law Review

Michigan seems to be unique in having three separate subdivision control statutes. The Plat Act of 1929, like the Subdivision Control Act of 1967 which will soon replace it, is largely mandatory, prescribing standards and procedures required in all cases of land subdivision (as defined in the statute), whether the municipality in which the land is located has a planning commission or not. The Municipal Planning Act, on the other hand, is simply an enabling act, permissive both with respect to establishment of a planning commission and with respect to the exercise by that commission, once established, of the power …

Evolving Judicial Attitudes Toward Local Government Land Use Control, Terrance Sandalow

Articles

The year 1967 begins the second half-century of zoning in the United States. The first comprehensive zoning ordinance was adopted by New York City in 1916. In the fifty years that have elapsed, zoning has become, notwithstanding a growing disenchantment with it on the part of planners, the most widely employed technique of land use control in the United States. At the present time only Houston, of all the major cities in the United States, lacks a zoning ordinance. And, though I have not obtained precise figures, we are all familiar with the increasingly large per centage of small municipalities, …

Standing To Appeal Zoning Determinations: The "Aggrieved Person" Requirement, Alfred V. Boerner

Michigan Law Review

During the twentieth century the states have increasingly utilized their police power to control the use of land. All fifty states have now enacted zoning enabling legislation, much of which is based in whole or in part on the Standard State Zoning Enabling Act. Typically, these zoning acts, like the Standard Act, empower municipalities to promulgate land use regulations by dividing the municipality "into districts of such number, shape, and area as may be deemed best suited to carry out the purposes of this act ..." Most zoning acts specify that "all such regulations shall be uniform for each class …

Statute Prohibiting Maintenance Of Billboards Adjacent To Interstate Highway Is Valid As Applied To Existing Billboards- Ghaster Properties, Inc. V. Preston, Michigan Law Review

Michigan Law Review

In order to qualify for additional aid under the 1958 Federal-Aid Highway Program, the Ohio legislature prohibited the erection or maintenance of billboards for advertising purposes within 660 feet of an interstate highway and declared billboards in violation of the statute to be public nuisances subject to abatement. As the owner of seven signs which violated the statute, plaintiff sought an injunction against the enforcement of the statute on the ground that it bore no substantial relation to the public health, safety, morals, or general welfare. The trial court granted the injunction and the court of appeals affirmed, holding the …

Zoning Law In Michigan And New Jersey: A Comparative Study, Roger A. Cunningham

Michigan Law Review

It is one thesis of this article that the "lawyer's view" has generally prevailed in Michigan and that the "planner's view" has generally prevailed in New Jersey. Since the zoning law of these two states is thus fairly representative of the opposing judicial attitudes set forth in the preceding paragraph, they are especially suitable for comparative study. This study begins with a look at the constitutional bases and statutory provisions for zoning. It then proceeds to examine judicial attitudes toward zoning determinations in general and continues by focusing on specific current zoning problems. The conclusions to be drawn from these …

Conservation And Rehabilitation Of Housing: An Idea Approaches Adolescence, J. Michael Warren

Michigan Law Review

From the time of construction, buildings are subject to the physical elements, the wear and tear of time, and the constant march of progress which transforms yesterday's luxuries into today's necessities. Left unchecked, these forces tend to produce the slums and blight that traditionally have been the curse of urban areas. Private, charitable, and civic organizations were the first to deal with the problem of improving conditions in slum areas. Later, state and local governments joined the effort, and although they were somewhat more successful than the pioneers in the field, without federal assistance the task proved to be beyond …

Purely Economic Justifications Sufficient To Permit Exercise Of Federal Eminent Domain Power--United States V. Certain Parcels Of Land, Michigan Law Review

Michigan Law Review

The federal government, pursuant to authorizing statutes, sought to condemn defendant's land, alleging that it was needed as a source of fill for a section of the National System of Interstate and Defense Highways. Defendant offered proof demonstrating that commercial fill could easily be purchased within the immediate area, that it was therefore not necessary for the government to condemn any land in order to complete the construction of the highway, and that his land was zoned "light industrial" and was thus ideally suited for future development. Employing the usual stringent proof requirements, the court granted the government's motion for …

Latin-American Land Reform: The Uses Of Confiscation, Kenneth L. Karst

Michigan Law Review

This article examines the legislative techniques for taking land, showing their confiscatory operation. For many lawyers, the analysis would then be easily completed: confiscation is wrongful and must be condemned. Rejecting the implicit absolutism of that conclusion, this article inquires into the justifications that can be pleaded on behalf of selective confiscation as an aid in solving some of Latin America's economic and social ills.

New Values Under Old Oil And Gas Leases: Helium, Who Owns It?, C. Douglas Kranwinkle

Michigan Law Review

It is a well known maxim among oil and gas lawyers that "a producing well always clouds a title and a dry hole cures it." A variation of that maxim might be applied to producing wells which may or may not include, as by-products of the primary mineral, other substances that are extractible and valuable. Of course, once production of by-products begins, conveyancers give special attention to these resources, but many instruments executed before such development may be phrased in general terms without specific mention of substances unimportant when the conveyance was made. Even a recent instrument may lack specificity …

Eminent Domain-Urban Renewal-Broader Powers To Take Private Property For Public Use, Roger L. Mcmanus

Michigan Law Review

Defendant city instituted a comprehensive urban redevelopment plan under which condemnation and purchase of blighted property would be followed by extensive demolition and clearance. This land was then to be sold subject to certain use restrictions to private developers, chiefly for light industry. Plaintiff, an owner of real estate described as "improved and enhanced with . . . a good, sound, sanitary, modem and well-kept building," brought an action in a lower state court seeking a declaratory judgment against the constitutionality of the Washington Urban Renewal Law, and an injunction to prevent defendant city from condemning his property under the …

Municipal Corporations-Master Plans-Power Of Cities To Zone For Future Conditions, Walter A. Urick

Michigan Law Review

After purchasing land which was subject to a zoning ordinance requiring a minimum lot size of 21,780 square feet, plaintiffs, real estate developers, challenged the ordinance as unreasonable and confiscatory. Defendant city argued that the ordinance was based upon a comprehensive master plan and had the purpose of limiting future density of population in accordance with sewage capacity. On appeal from the circuit court order invalidating the zoning ordinance as applied to plaintiff's property, held, judgment affirmed, three judges dissenting. A city zoning ordinance requiring a minimum lot size for the purpose of limiting future density of population in …

Zoning--Townships--Complete Exclusion Of Trailer Camps And Parks, Rolfe A. Worden S.Ed.

Michigan Law Review

Plaintiff challenged the validity of an amendment to the zoning ordinance of the defendant township which barred all trailer camps and parks from its industrial district. As trailer parks had previously been zoned out of the business, residential, and agricultural districts, this amendment had the effect of completely excluding them from the entire township, although approximately half of its twenty-three square miles consisted of open rural area. The parties stipulated that the plans of the plaintiff, who wanted to develop a trailer park on his premises, met all of the applicable health standards. The trial court sustained the amendment, but …

Mandelker: Green Belts And Urban Growth, Curtis J. Berger

Michigan Law Review

A Review of Green Belts and Urban Growth. By Daniel R. Mandelker

Simpson: An Introduction To The History Of The Land Law, Daniel M. Schuyler

Michigan Law Review

A Review of AN INTRODUCTION TO THE HISTORY OF THE LAND LAW. By A. W. B. Simpson.

Constitutional Law-Eminent Domain-Master Flight Plan As A Taking Of Land Under Approach Area To Municipal Airport, Ralph L. Wright S. Ed

Michigan Law Review

Plaintiff owned land adjacent to the Greater Pittsburgh Airport which lay under an approach area for one of the runways. Allegheny County, in compliance with rules and regulations of the Civil Aeronautics Authority, drafted a "Master Plan," approved by the CAA, which showed the approach area over part of plaintiff's property. Plaintiff sued to recover damages from the county, owner and operator of the airport, alleging an appropriation of his land because of the substantial interference with its use and enjoyment caused by flights at low altitudes above his land during landings and take-offs. Upon an award of damages by …

Real Property - Easements By Implication - Creation Of Easements By Implied Reservations In Michigan, Ralph W. Aigler

Michigan Law Review

In 1910 K occupied an "old" house located on the westerly portion of her lot fronting on H Street. She built a "new" house on the east side of the lot, moved into it, and rented the "old" house to tenants. As a means of access to the west side and rear of the "new" house, she built and used a sidewalk which led from H Street between the two houses and which was one foot from the west side of the "new" house. This walk "was the only outdoor means of access to the new house's coal chute."

Constitutional Law - Due Process - Zoning Restrictions Requiring Land Owners To Provide Off-Street Parking, Eldon Olson

Michigan Law Review

In 1956 the City of Denver passed an ordinance requiring land owners to provide off-street parking if and when they erect new buildings or make structural alterations or change the existing use of the land. The restriction applied to a district adjacent to the traditional downtown district which was in the process of changing from residential to commercial. The ordinance did not specify whether the property owners retained control over parking areas, but the city argued that parking could be restricted to persons using the property. Plaintiff property owners alleged the ordinance was unconstitutional and were granted a declaratory judgment …

The Evolution Of British Planning Legislation, Beverley J. Pooley

Michigan Legal Studies Series

A part of the Legal Problems of Metropolitan Area Studies series by the Legislative Research Center of the University of Michigan Law School. Excerpt from the foreword by William J. Pierce, Director, Feb 2 1960:

This study, by Beverley J. Pooley, is the first in a series of monographs which will be published by the Center. It deals with the problems which have confronted British legislators and with the resultant Parlimentary enactments-- particularly in the post World War II era. This topic is necessarily broad, and therefore this monograph contains little detailed legal analysis of the various acts. Rather, the …

Priorities: Ii, Edgar N. Durfee

Michigan Law Review

This is the second part of "Priorities" (also known as "Little Nemo") which was taken from Professor Durfee's teaching materials. The first part was published in the February issue-which was dedicated to the memory of Professor Durfee.

Priorities, Edgar N. Durfee

Michigan Law Review

Among those of Edgar Durfee's colleagues who were familiar with this paper it came to be known as "Little Nemo," for a reason that will become apparent to the reader. It is taken from his mimeographed Cases on Security, third edition, published in 1938. Possibly it was published earlier but there is a gap in the evidence. It did not appear in the first edition published in 1934 but no copy of the second edition has been located. In a few places its age shows, for example in the reference to Walsh as the author of the most recent …

Taxation - Federal Income Tax - Involuntary Conversion Treatment Afforded Sale Of Remaining Property After Partial Condemnation, Stevan Uzelac

Michigan Law Review

Petitioner owned two parcels of real estate across the street from each other which were used as one "economic unit" for purposes of a trucking terminal. One parcel was improved with a terminal building from which trucks would pick up and deliver their shipments, while the other was used as a parking lot for trucks not in use. Petitioner was forced to sell the parking lot under threat of condemnation. Since it was economically unfeasible to operate his business without a nearby parking lot, petitioner subsequently sold the terminal facilities and reinvested the proceeds from the sales of both properties …

Acquisition And Protection Of Water Supplies By Municipalities, Wilbert L. Ziegler

Michigan Law Review

Among the prime functions of a municipal government is the furnishing of a potable supply of water for its inhabitants. In view of the increasing demand for water and the shortage of available supply, a number of problems have been or will be encountered by municipalities in fulfilling that function, apart from the problem of financing.